If you have a “dispute concerning discovery,” the law requires that you try to resolve it informally by conferring with the opposing side. This meet-and-confer requirement can be met in person, by telephone, or by letter. But a letter or email alone generally won’t cut it; to really meet and confer, you need to talk to opposing counsel. Continue reading →

A possible accommodation for an employee’s disability may be the use of an assistive animal in the workplace. What considerations should go into deciding whether to allow this accommodation? Here’s a handy checklist to help employers respond—keeping in mind that they have only 10 days in which to do so. Continue reading →

The existence of insurance is often key to a lawsuit and one of the first orders of business in discovery. There are statutory provisions allowing for discovery of the existence and contents of insurance agreements—as well as limits on it. Continue reading →

Although in the “real world” scientists changing their minds may be the badge of intellectual honesty, in litigation the expert who backs away from a position or changes an opinion is supplying the opposition with a source of impeachment. Any time the expert makes a written record of his or her thoughts or opinions, the opposition gets a “paper trail” of potential impeachment material. To avoid this, tell your expert to keep writing to a minimum. Continue reading →

Under California’s Government Claims Act (Govt C §§810–996.6), you can’t sue a public entity or its employees until after you’ve presented the entity with a claim for “money or damages.” Here’s a handy checklist of the essential elements to include in a claim. Continue reading →

President Trump’s recent actions on immigration have occupied much of the news. But immigration issues have long occupied the thoughts of California’s family law attorneys. When clients are immigrants or have immigrant spouses who aren’t U.S. citizens, they may face some unexpected hurdles as they navigate the court system. Continue reading →

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